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7.0. SR 04-21-1994
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7.0. SR 04-21-1994
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4/21/1994
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<br />. <br /> <br />e <br /> <br />FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265 <br /> <br />04.15.1994 16: 13 <br /> <br />P. 7 <br /> <br />herein prior to ~he completion of a sale. Further, Developer <br />agrees to save and hold City harmless from any and all claims <br />or actions arising from the right to withhold the issuance of <br />such permits and certificates and from other provisions hereof. <br /> <br />10.} Binding Hffect . The terms and provisions hereof shall <br />be binding upon and inure to the benefit of the heirs, <br />representatives, successors and assigns of the parties hereto <br />and shall be binding upon all future owners of all or any part <br />of the Project and shall be deemed covenants running with the <br />land. This agreement shall be placed of record so as to give <br />notice hereof to subsequent purChasers and encumbrances of all <br />or any part of the Project, and all recording fees, if any, <br />shall be paid by Developer. <br /> <br />11.} Severable. In the event that any portion of this PUD <br />Agreement shall be held invalid for any reason, the same shall <br />not affect in any respect whatsoever the validity of the <br />remainder of this PUD Agreement. <br /> <br />12.) Waiv~ . Any waiver, whether express or implied, by <br />any party of a breach of any provision of this Agreement, will <br />not operate as or be construed to be a waiver of any subsequent <br />breach of this Agreement. <br /> <br />13.) NottC8s . All notices and demands specified herein <br />shall be deemed appropriately and timely given when delivered <br />personally or deposited in the United States Mail to the <br />addresses hereinafter set forth by certified mail (return <br />receipt requested). The addresses of the parties hereto are as <br />follows until changed by written notice given as above: <br /> <br /> <br />e <br /> <br />City at: <br /> <br />City of Elk River <br />Attn: City Administrator <br />P.O. Box 490 <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br /> <br />If to the Developer at: <br /> <br />14.) ~ncorporation by Rafe~ence . All plans, special <br />provisions, proposals, specifications and contracts made or to <br />be made pursuant to this POD Agreement shall be and hereby are <br />made a part of this PUD Agreement by reference a9 fUlly as if <br />set forth herein in full. <br /> <br />15.} Entire ~9reement ~ This POD Agreement, together with <br />the exhibits attached hereto, sets forth the entire <br />understanding between the parties, there being no terms, <br />conditions, warranties or representations other than those <br /> <br />6. <br />
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